N.Y. Comp. Codes R. & Regs. Tit. 19§ 203.2 - Maintenance and privacy
(a) A crematory
shall be used exclusively for the cremation of human remains.
(b) A crematory shall be maintained in a
clean, orderly and sanitary manner, with adequate ventilation and shall have a
temporary storage facility.
(c)
Every crematory must at all times follow accepted policies and procedures with
respect to infection control, including standard precautions developed by the
Centers for Disease Control and Prevention.
(d) The general retort area and the temporary
storage facility shall be separately enclosed areas and when fully closed, the
interior of one area shall not be visible from within the other area.
(e) Every crematory shall use its best
efforts to cremate remains within 24 hours of accepting delivery of such
remains. Good cause, such as the need to confirm the identity of the deceased
human being, must be demonstrated if remains are cremated more than 48 hours
after delivery is accepted.
(f)
Notwithstanding the foregoing, if any remains exhibit an objectionable odor
either at delivery or at any time thereafter, such remains shall be cremated as
soon as possible after they have been accepted by the crematory or as soon as
possible after the objectionable odor is first detected. If any remains are
known by crematory personnel not to have been embalmed, such remains shall be
cremated as soon as possible after they have been accepted by the
crematory.
(g) A crematory may also
have a ceremony room available for viewings and ceremonies. The ceremony room
shall be separately enclosed from the general retort area and the temporary
storage facility. The temporary storage facility interior shall not be visible
or accessible from the ceremony room. Only members of the immediate family of
the deceased or their authorized agents and designated representatives may be
present in the ceremony room during the cremation of the remains of the
deceased.
(h) Entrances and
exterior windows of the crematory shall be maintained at all times to secure
privacy, including:
(1) doors shall be tight
closing and rigid;
(2) windows
shall be covered;
(3) entrances
shall be marked "private" or "authorized entry only" to preclude entry by
unauthorized persons; and
(4)
entrances shall be locked and secured when not actively attended by authorized
crematory personnel.
(i)
No crematory may impose a charge for the cremation of the remains of a deceased
human being based on the combined weight of the remains and the cremation
container unless it shall have in place a scale capable of accurately
determining their combined weight. The scale shall be of suitable size and
capacity and shall be installed, used and inspected in conformance with article
16 of the Agriculture and Markets Law and regulations promulgated
thereunder.
(j) Every crematory
shall annually certify to the Division of Cemeteries that the condition and
operation of the crematory comply with Not-for-Profit Corporation Law article
15 and with this Part and shall submit with such certification its most recent
annual Department of Environmental Conservation (DEC) inspection report. The
crematory certification and DEC inspection report shall be filed on or before
the 15th day of January of each year and shall be retained in the permanent
file of the crematory.
Notes
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